August 18, 2017

Terms and Conditions

This page (and the terms and conditions found herein) may be considered a binding contract entered between yourself (hereinafter referred to as Customer/s), which is your legal name, and Limelight Global (hereinafter referred to as Limelight and collectively referred to as we, our, or us).

 

By visiting this website, it’s homepage, or engaging in a business transaction or relations with Limelight or purchasing services and/or products from Limelight or Customer entering into a financial arrangement between Customer and Limelight, and/or also its employees, partners, or contractors (hereinafter referred to as Associates), both parties agree to be bound by this written agreement and all of its terms.

 

The first time Customer visits this website, it’s homepage, or engages in a business transaction or relations with Limelight or purchases services and/or products from Limelight or enters into a financial arrangement between Customer and Limelight, and/or also its Associates will be referred to as (the first interaction between Limelight and Customer (hereinafter referred to as Day 1)).

 

In the event of any dispute between Customer and Limelight, all disputes shall be governed by the courts and laws of the United States of America. The terms and their interpretation shall be governed by and construed in accordance with the laws of the State of Texas and subject to the exclusive jurisdiction of the federal and state courts located in Houston, Texas, United States of America.

 

IN WITNESS WHEREOF, each of the parties (Customer and Limelight) has executed an agreement to the following terms, both parties by its duly authorized officer, as of the day and year set forth on (Day (1) of the first interactions between Limelight and Customer.

 

NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, Customer and Limelight (individually, each a “party” and collectively, the “parties”) covenant and agree as follows:

 

I, (Customer), agree to all the terms and conditions contained on this page before entering into a business transaction or purchasing services and/or products from Limelight (the business entity also known as “Limelight Global”) and Associates (Limelight’s employees, partners, or contractors).

TERM

This agreement shall last from the date of execution (Day (1) of the first interactions between Customer and Limelight) until new negotiations by oral or written agreements have taken place for its termination. Past agreements and its terms are not void upon termination but will not be applicable to future agreements.

RESPONSIBILITIES OF LIMELIGHT

In consideration for the Compensation granted herein, Limelight’s responsibilities for product or service based work do not exceed beyond “agreed-upon duties” which are terms mutually agreed on between Customer and Limelight and are listed on this page. Additional services or products may be requested (but must be (1) paid separately at Limelight’s discretion upon newly agreed terms, (2) or added as an amendment to these terms) and other such duties may be assigned to accomplish the aims of these terms in the time, place, and manner deemed appropriate by Limelight.

COMPENSATION

Both parties agree that Limelight and its Associates shall not be considered an employee of Customer. Neither party shall have authority to make such statements, representations, or commitments of any kind, nor to take any action which shall be binding on the other party to make that so, except as may be expressly provided for herein or authorized in writing. Therefore, Compensation for any service based work (provided by Limelight or its Associates) shall be paid to Limelight (by Customer) and defined as third-party expenses or if applicable, independent contractor services, except or unless both parties agree to new terms, which shall be expressed in writing and attached as an amendment to these terms.

ADDITIONAL EXPENSES

Customer shall not be entitled to reimbursement for any additional fees or expenses incurred except those that have been previously approved in writing by Limelight and attached as an amendment to these terms.

INDEMNIFICATION

Customer agrees to defend, indemnify, and hold harmless Limelight from and against all third-party claims (or other actions that could lead to a loss) that are based upon Customer’s (a) violation of the law, (b) violation of these terms, or (c) violation of any party or third-party’s rights.

MODIFICATION IN WRITING

All terms on this page are valid until modified in writing and may be updated periodically.

ENTIRE AGREEMENT

All terms represent the full understanding of both parties and shall supersede all previous oral or written agreements regarding the subject matter herein.

REFUND POLICY

At Limelight, we take pride in providing high-quality products and services to our Customers. In order to ensure that we deliver the best possible results, we have established the following policies: No refunds. All sales are final on all products and services unless expressed in writing by Limelight as an exception.

DESIGN-BASED SERVICES

If design-based services are not completed on time, they may be exchanged for similar services provided by Limelight at Limelight’s discretion. Design-based services are defined by Limelight. Some examples may include video editing, web design, coding, advertising, marketing, and graphic design.

 

Similar services must be reasonable and fair to both parties and similar to the originally intended work. Minor adjustments to design-based services is acceptable, but all parties agree that revisions must be kept to a minimum (established by these terms as less than (2) revisions). Customer does not get unlimited revisions or exchange requests. Revisions or exchange amount is determined by Limelight and its discretion. If exchange requests, revisions, or requests for revisions exceed Limelight’s discretion, then Customer may incur additional fees or service credits to complete work.

 

All projects require at least (50%) deposit before work begins. If a project is cancelled after work has begun, the deposit will not be refunded. We reserve the right to use any media created for a Customer as part of our portfolio and marketing materials. We retain ownership of the original files and may use them for future projects unless otherwise specified in writing. We will provide high-resolution files upon completion of the project. We reserve the right to terminate a project if the Customer is not responsive or if the working relationship becomes unprofessional, which is defined by Limelight at Limelight’s discretion.

CUSTOM COMPUTERS

We understand that selecting the right components and features for a custom computer can be a challenging process, but we encourage Customers to carefully consider their choices before placing an order. Once a custom computer has been built and shipped, Limelight dissolves any responsibility for damages or modification to the product. If the you, the Customer, have any questions or concerns about this policy, please contact us before placing an order.

 

Limelight takes great care to package and ship our products to ensure they arrive in excellent condition. However, we cannot be held responsible for any damage that occurs during shipping. If you receive a damaged item, please contact the shipping company to file a claim. We will do our best to assist you in this process, but ultimately, it is the Customer’s responsibility to contact the shipping company to provide compensation for any damages. Thank you for your understanding.

 

All parties agree to the terms listed above with no exceptions.

PROFESSIONALISM

We value our customers and strive to provide a positive and professional experience for all. In order to maintain a respectful and enjoyable environment for all, we ask that our customers conduct themselves in a professional manner at all times. This includes, but is not limited to, the following: Treating all employees, contractors, and other customers with respect and courtesy. Maintaining appropriate boundaries in relationships and interactions. Communicating clearly, honestly, and in a timely manner. Respecting the company’s policies and procedures. Maintaining a professional appearance and demeanor.

 

Any behavior that is deemed unprofessional or disruptive by Limelight at Limelight’s discretion will not be tolerated. We reserve the right to refuse service to any Customer who violates this policy. We appreciate your understanding and cooperation in creating a positive and professional environment for all.

OWNERSHIP

Copyright is retained by Limelight on all design work including words, pictures, ideas, visuals, and illustrations unless specifically released in writing and after all, costs have been settled.

 

If a choice of designs is presented and only one is chosen for your project, all choices still retain ownership and remain the property of Limelight unless specifically agreed in writing.

For all design-based services, we grant the Customer a non-exclusive, non-transferable license to use the final design or product for the specific purpose for which they were created. This includes the right to reproduce the designs for that purpose, but does not include the right to resell or distribute. We retain ownership of the original files and reserve the right to use them for future projects unless otherwise specified in writing.

 

By supplying data, artwork, text, images, videos or other media to Limelight for inclusion in the Customer’s project or other medium, the Customer declares that Limelight may now hold the appropriate license, copyright and/or trademark permissions to use or reuse it. The ownership of such materials will remain with the Customer, or rightful copyright or trademark owner but can also transfer to Limelight if necessary.

 

Any data, artwork, images, videos, audio, or other media supplied and/or designed by Limelight on behalf of the Customer, will remain the property of Limelight and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the Customer solely for the project defined in the scope or request and not for any other purpose.

 

The Customer may request in writing from Limelight, the necessary permission to use materials (for which Limelight holds the copyright) in forms other than for which it was originally supplied, and Limelight may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the Customer, not Limelight.

 

By supplying data, artwork, images, audio, videos, or other media to Limelight, the Customer grants Limelight permission to use this material freely in the pursuit of the design. Should Limelight, or the Customer supply data, artwork, images, videos, audio, or other media or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Customer will agree to allow Limelight to remove and/or replace the file on the site.

 

The Customer agrees to fully indemnify and hold Limelight free from harm in any and all claims resulting from the Customer in not having obtained all the required copyright, and/or any other necessary permissions.

DESIGN FILES

Charges for design services to be provided by Limelight will be set out in the written estimate or quotation that is provided to the Customer. At the time of the Customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of (50%) of the quoted fee will become immediately due.

 

Unless agreed otherwise with the Customer, all design services require an advance payment of a minimum of fifty (50%) of the project quotation total before the work commences or is supplied to the Customer for review. The remaining fifty (50%) of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

SOURCE FILES

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

PAYMENT

All payments must be made in full before the goods or services are provided. Limelight accepts payment by crypto, cash, check, online payment processors or other major credit cards.  If a payment is not received by the due date, a late fee will be applied for each day it is overdue. The late fee is determined by Limelight at Limelight’s discretion. If a payment is more than (30) days overdue, we reserve the right to terminate the service or take legal action to recover the unpaid amount.

 

Limelight reserves the right to consider an account to be in default in the event of a returned check or if an invoice, service, or product remains unpaid for more than (30) days. Limelight shall be entitled to remove Limelight ‘s and/or the Customer’s material from any and all computers, hard drives, websites, or storage systems, until the amount due has been fully paid. Removal of such materials does not relieve the Customer of its obligation to pay the due amount.

 

Customers whose accounts become default agree to pay all Limelight ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

ALTERCATIONS

The Customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the Customer makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. The Customer also agrees that Limelight holds no responsibility for any amendments made by any third party, before or after a design is published.

LICENSING

Any design, copywriting, drawing, idea or code created for the Customer by Limelight, or any of its Associates, is licensed for use by the Customer on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Limelight and any of its relevant sub-contractors.

 

All design work – where there is a risk that another party make a claim, should be registered by the Customer with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

 

Limelight will not be held responsible for any and all damages resulting from such claims. Limelight is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Customer agrees not to hold Limelight responsible for any such loss or damage. Any claim against Limelight shall be limited to the relevant fee(s) paid by the Customer.

DATA FORMATS

The Customer agrees to Limelight’s definition of acceptable means of supplying data or project files to the company. Project files are to be supplied in electronic format deemed appropriate by Limelight. Limelight can not be held responsible for degradation in file fidelity or quality which the Customer later deems to be unacceptable.

 

Limelight cannot be held responsible for the quality of any images which the Customer wishes to be scanned from printed materials.

PROJECT DURATION

Any indication given by Limelight of a design project’s duration is to be considered by the Customer to be estimated. Limelight cannot be held responsible for any project taking longer than expected, whatever the cause. Estimated project duration starts from the date funds are received by Limelight for the initial payment or by date confirmed in writing by Limelight.

 

The Customer agrees to allow Limelight all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.

 

The Customer also agrees to allow Limelight access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

 

The Customer agrees to supply Limelight with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

PROJECT COMPLETION

Limelight considers a project complete upon receipt of the payment and materials delivered through digital means such as email or messenger applications. Other services outside the scope of work may constitute a separate project and can be treated as a separate charge.

WEB DESIGN ONLY

Limelight requires that a template is approved by the Customer before coding of a site commences. Once the template(s) for the web site are approved by the Customer, coding will commence; any changes to navigation items, colors, structure or content that require changes to the template will incur an additional charge.

 

Once web design is complete, Limelight will provide the Customer with the opportunity to review the resulting work. Limelight will make one set of minor changes at no extra cost within (14) days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. Major changes are subject to additional fees.

Limelight will consider that the Customer has accepted the original draft, if no notification of changes is received in writing from the Customer, within (7) days of the start of the review period.

HOSTING WEBSITES

Limelight offers a limited hosting services through an out-sourced virtual server. Limelight does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

 

Limelight may request that Customers change the type of hosting account used if that account is deemed by Limelight to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Limelight’s virtual server are due at the commencement of any period of service and are non-refundable.

 

Fees due to third party hosting organizations are the responsibility of the Customer and Limelight are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Customer / domain owner.

DOMAIN REGISTRATION

Limelight cannot guarantee the availability of any domain name. Where Limelight is to register a domain name on behalf of a Customer it will endeavor to do so but the Customer should not assume a successful registration.

SEARCH ENGINE SUBMISSION

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Limelight cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Limelight recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

DESIGN CREDITS

The Customer agrees to allow Limelight to place a small credit on printed material exhibition displays, advertisements and/or a link to Limelight, Limelight’s website/s or Associates, or Associate’s website/s on the Customer’s website/s. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The Customer also agrees to allow Limelight to place websites, logos and other designs, along with a link to the Customer’s site on Limelight’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

RIGHTS OF REFUSAL

Limelight reserves the right to refuse to include Customer submitted material, media, or data in its projects without giving reason. In the situation Limelight does include it in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Customer is obliged to allow Limelight to remove the contravention without hindrance, or penalty. Limelight is to be held in no way responsible for any such material, media, or data being included.

CANCELLATION

Cancellation of orders may be made initially by telephone contact, or messaging, however, Limelight will need formal notification in writing. The Customer will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within (30) days. Please note: any cancellation which is not formally confirmed in writing and received by Limelight within (14) days of such instruction being issued, will be liable for the full quoted cost of the project and also may incur additional fees.

DISCLAIMER

Limelight makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Limelight will not be held responsible for any and all damages resulting from products and/or services it supplies. Limelight is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Customer agrees not to hold Limelight responsible for any such loss or damage. Any claim against Limelight shall be limited to the relevant fee(s) paid by the Customer.

 

Limelight reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Limelight will not knowingly perform any actions to contravene these and the Customer also agrees to be so bound.

 

Limelight and its Customers agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within (10%) of the total ordered. Limelight recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

GENERAL

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Limelight reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

 

The placement of an order for any products or services offered by Limelight, by email, verbally or in writing, is accepted by these terms and conditions, which are freely available at www.limelightglobal.net/terms